Notice of complaint related to 2022-0828

OF
DIAL
CUSTOM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
September 23, 2022
ICMS #: 2022-0828
On September 20, 2022, the OPO received an online complaint.
The complainant alleges: On
at approximately
started being tracked and followed by undercover officers in unmarked vehicles. This
continued for a couple of hours. At one point
dropped off his family including his
wife and kids at home. Once the officers saw that his family was no longer in the vehicle
without any pursuit a tire spiker was laid down in a attempt to stop his vehicle. He
continued on flat tires until he couldn't any longer which is when he pulled into the
store located at
told me at that point two trucks pulled
up behind him in unmarked vehicles and within a minute a marked police vehicle whipped
into the parking lot and before the marked vehicle came to a complete stop bullets we're
already flying but that officer hopped out and started shooting into his vehicle along with
four other officers from the Austin Police Department. The police says
opened
fire from inside his vehicle before they returned fire.
told me
that he was not aware that the person following him was the police. He said he
noticed someone following him but continued his errands.
even stopped at
to pick up chicken that was still in the car uneaten when this incident happened.
Multiple law enforcement agencies opened fire upon
We were told at
one point APD was shooting and then told the state troopers were shooting as well.
has a long lengthy record of mental health issues including schizophrenia and
ptsd. No MHMR lawyer was ever called or present. When I arrived on the scene
was in a ambulance being treated and his car was shot up with a lot of bullets which I do
have pictures of.
presumes his innocence. He did have warrants, however that day
at that time he was not aware that law enforcement was following him.
exercised
his right to defend himself and his life before he realized that it was in fact law enforcement.
This happened in
County involving four Austin Police Department officers
and one DPS trooper their names are
OF
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF COMPLAINT
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.